Presentation to Portfolio Committee on Justice & Correctional Services August 2014

1. Presentation to Portfolio Committee on Justice & Correctional Services August 2014

2. CONSTITUTIONAL OBLIGATION • The Bill of Rights in the Constitution enshrines the rights of all people to the democratic values of human dignity, equality and freedom; and the State must respect, protect, promote and fulfil these rights. • The CGE’s obligation to strengthen constitutional democracy in the attainment of gender equality

3. Mandate of the CGE • Section 187 (1) of the Constitution states CGE must promote respect for gender equality and the protection, development and attainment of gender equality • Section 187(2) of the Constitution states that CGE has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality

4. Mandate of the CGE cont... Work of the Commission could be grouped in the following; • Monitoring and Evaluation • Research • International Work (Gender Equality International Instruments) • Investigations • Mediation, Conciliation and Negotiation • Education and Information • Lobby and Advise • Liaison with like-minded organisations

5. Mandate of the CGE cont... • Section 11 of the CGE Act provides functions and powers of CGE • CGE Act requires CGE to monitor and evaluate the practises of organs of state at any level, statutory bodies of functionaries, public bodies and authorities and private entities • CGE is authorised to make any recommendations to Parliament or any Legislature in relation to monitoring and evaluation • Carry out information and education programmes to foster public understanding of gender equality • CGE is tasked with the duty of reviewing laws and policies affecting gender equality and the status of women

6. Mandate of the CGE cont... • The Commission has a duty to investigate any gender related issues of its own accord or on receipt of a complaint • CGE is empowered to resolve the dispute through mediation, conciliation or negotiation • CGE has the power to refer the matter to the Human Rights Commission or Public Protector or any other relevant authority

7. Mandate of the CGE cont... • The Commission has wide powers of search and seizure and can subpoena any witnesses when investigating complaints in order to gather the necessary information. • Section 38 of the Constitution allows anyone to approach a competent court to enforce a right found in the Bill of Rights, additionally empowers the Commission to take a case to court on behalf of a complaint

8. Mandate of the CGE cont... • CGE has the duty to monitor South Africa’s Compliance with International Instruments ratified by South Africa relating to the objects of the Commission • The Commission must, as far as is practicable, maintain close liaison with institutions bodies or authorities with similar objectives to those of the Commission in order to foster common policies and practises and to promote cooperation where possible

9. Mandate of the CGE cont... • Section 20 (1) (f) of PEPUDA allows CGE to institute proceedings in court on behalf of any aggrieved person or group. In instances where the Presiding Officer decides to refer the matter to the Commission, the case should be dealt with in a short period of time • The Act also places a duty on the Commission to assist complainants who wish to lodge a complaint and to conduct investigations where necessary • The Act envisages that the Commission will play a role in the promotion and achievement of equality

10. OVERVIEW STRATPLAN The Commission is now on its 3rd year of the Strategic Plan. The Vision, Mission and values have remained the same The Approved structure has been improved with an additional position to be located in the Chairperson’s office ( Manager in the Chairperson’s office) For this current year the Commission will be focusing on M & E approach rather than focusing on performance driven approach. An M& E framework will be put in place to ensure impact assessment occurs

11. VISION and MISSION Vision • A society free from all forms of gender oppression and inequality Mission • Monitor, evaluate and make recommendations on policies of the public and private sector • Information and educational programmes • Evaluate and make recommendations on legislation affecting the status of women • Investigate, resolve and rectify gender issues • Collaborate with government and civil society • Monitor and report on international conventions

12. THE UNDER DEVELOPMENT AND INEQUALITY OF THE FEMALE GENDER IN SA REMAINS • female unemployment especially in ages 18-35 years • Feminization of poverty • Underrepresentation of women in decision-making • gender-based violence • Reproductive health issues • Single-headed households

13. WEAKNESSES REMAIN IN • Implementation of enabling policy • Gender responsive budgeting • Gender Mainstreaming • Establishment of normative and policy framework for gender equality • Gender differences in decision making and employment • Impact of globalization on gender discrimination • Use of social networks as agents of change • Bringing gender equality into formal institutions and policies

14. CHALLENGES TO GENDER EQUALITY REMAIN IN • 50/50 legislative processes • Access to socio-economic rights • Elimination of traditional gender-based discriminatory practices • Elimination of gender-based violence • Implementation of international and regional conventions, covenants and protocols • Transformation of the workplace

15. COMMISSIONERS OVERSIGHT COMMITTEES Governance Oversight Committees by Commissioners • Legal and Complaints • Research and Education • Strategic Planning, Annual Report and M&E • Human Resources • Audit • Finance • Information Technology and Communications

16. SECTION 6 COMMITTEES The Commission has further established one Section Six Committee that will focus on the following areas to inform programmes:- • Substantive Equality • Economic Empowerment • National gender machinery • Gender Equality and Health • Gender Based Violence • Culture, Religion and Tradition

17. Organizational Structure Functions Reach and breadth • Three line functions • Legal services • Policy & Research • Public Education and Information • Support • Finance • HR • ICT • Communications • Nine (9) Provincial offices • 6 officials at each province • 2 x line function officers and interns • 3 x support and administration staff • Head office • CEO • Support and Line functions • Total employees average 100 overall

18. STRATEGIC OBJECTIVES Strategic Objective 1 • To ensure the creation and implementation of an enabling legislative framework that promotes the attainment of gender equality Planned outcome: Continuous improvements in legislation and practices to advance gender equality

19. STRATEGIC OBJECTIVES Strategic Objective 2 • To protect and promote gender equality by engaging with relevant stakeholders to educate and raise awareness on issues of gender equality, challenge patriarchal perceptions and stereotypes and take action against infringements of gender rights through the implementation of appropriate redress Planned outcome: A society educated in constitutional rights to gender equality that demonstrates the transformative behaviour of the obligation to respect and uphold gender equality. To further ensure effective and efficient application of social justice fro victims of gender violations

20. STRATEGIC OBJECTIVES Strategic Objective 3 • To monitor state compliance with regional and international conventions, covenants and charters which have been acceded to or ratified by the Republic, relating to the objects of the Commission Planned outcome: Assessment of state compliance with regional and international commitments that promote gender equality recommendations tabled with parliament Strategic Objective 4 • To build an effective, efficient, visible and sustainable institution that will fulfil its constitutional mandate on gender equality

21. STRATEGIC OBJECTIVES

22. STRATEGIC OBJECTIVES

23. STRATEGIC OBJECTIVES

24. STRATEGIC OBJECTIVES

25. HIGHLIGHTS ON KEY ACHIEVEMENTS…..1 Monitoring and Evaluation function • Gender transformation Hearings • National Gender Barometer Report on the status of gender policies and practices in the public and private sector • Report and findings on the Assessment of Women in Political Participation and Representation • Gender Mainstreaming in the water sector • Widowhood Rites and Rights • Ukuthwala consultations • 365 days programme on GBV • Assessing the effectiveness of the National Gender machinery • A gendered analysis of the NDP, vision 2030 • Compliance with International instruments on Gender ( CEDAW, BPA, MDG)

26. HIGHLIGHTS ON KEY ACHIEVEMENTS…..2 Investigative and Complaints handling function • In the recent constitutional court case of ModjadjiFlorahMayelane v Mphephu Maria Ngwenyama and Another. • Bhe and Others v Magistrate, Khayelitsha, and Others (Commission for Gender Equality as Amicus Curiae); Shibi v Sithole and Others; South African Human Rights Commission and Another v President of the Republic of South Africa and Another 2005 (1) SA 580 (CC) • The CGE also participated in another heralded constitutional case,Shilubana and Others v Nwamitwa (National Movement of Rural Women and Commission for Gender Equality as Amicus Curiae) 2007 (5) SA 620 (CC), traditional authorities are allowed to develop customary law in accordance with norms and values of the Constitution.

27. HIGHLIGHTS ON KEY ACHIEVEMENTS…..3 • The CGE is currently litigating (be it in amicus curiae or on behalf of the complainant) in the following pertinent matters : - • In the Western Cape CGE has been entered as animus curiae in an Equality Court Matter currently before the Bellville Equality Court - Coulson v Neethling. •  In Kwa Zulu Natal is litigating within the Durban Equality Court in respect of the Complainant, Ms. Blanket.   • In Mpumalanga , the CGE is representing the Complainant in - Ericca and 1 other v Desmond Tutu Centre for Leadership ( Equality Court )

28. HIGHLIGHTS ON KEY ACHIEVEMENTS…..4 • The CGE has engaged in dialogues and information sharing sessions with communities, traditional leaders, faith based organisations and non-governmental organisations on a range of gender-related issues such as • witchcraft, virginity testing, ukhuthwala, under-age/forced marriages, human trafficking, sex work, masculinity, gender-based violence (including rape and sexual harassment) and the rights of LGBTI people. The CGE has engaged stakeholders other discriminatory practices relating to maternity benefits for self employed women. • Liaison with like-minded organisations

29. The Funding environment and related concerns • The CGE funding for over 5 a year period remained at the same level despite increased mandate and public expectation on the Commission to perform at higher levels e.g. PEPUDA ( No additional funding was ever made) • This situation limits the Commission to deliver on its legislated mandate • Poor responses from state institutions to CGE work; • Monitoring and evaluation projects - lack of cooperation by departments • Reports providing for findings and recommendation submitted to Parliament but seldom engaged

30. Matrix on mandate overlap…1

31. Matrix on mandate overlap…2

32. DANKIESIYABONGATHANK YOU KEA LEBOHA Have a gender related complaint ???? report it to 0800 007 709 TwitterHandle @CGEinfo